MAHESH DEODATTA GUPTA Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Criminal Original Petition has been filed to quash the order dated 18.12.2017 in C.C.No.11 of 2010 passed by the learned Judicial Magistrate, Thuraiyur, Trichy.

(2.) The learned counsel appearing for the petitioner submitted that there are totally 4 accused in this case and they filed a quash petition to quash FIR in Crime No.5 of 2009. While pending the same, the first respondent filed a final report and the same was closed.

(3.) This Court vide order, dated 06.11.2017 exonerated the charges against accused Nos.3 and 4 and directed the trial Court to proceed with the trial as against the accused Nos.1 and 2 in C.C. No. 11 of 2010. The said quash petition was filed, before framing of charges against the accused persons. After order passed by this Court, the learned Magistrate framed charges in C.C.No.11 of 2010, without even changing any word in the final report filed by the first respondent. He further submitted that the learned Magistrate did not follow the procedure laid down under Section 211 Cr.P.C., and procedures laid down under Section 228 Cr.P.C., while framing charges as against the accused Nos.1 and 2. He further submitted that even then this Court exonerated the accused Nos.3 and 4, the learned Magistrate framed charges as against all the accused persons. He also relied a judgments of the Hon'ble Supreme Court reported in (1979) 3 SCC 4 and (2012) 9 SCC 460.